i'm more upset is the whole problem. thank you. >> that is the time we have left this evening. thank you for being with us. greta goes "on the record" right now. six. do you hear me? six. remember that number. the obama administration well, probably wishes it could forget it. >> these early numbers are embarrassing. nothing short of embarrassing for the administration. they day one six people enrolled. >> probably just overloaded with traffic. >> millions of americans are visiting healthcare.gov which is great news. unfortunately the site was only designed to handle six users at a time. >> internal memos are showing that six people only six people signed up on day one of the healthcare exchange program. >> what we learned from selected cherry picked leaks from the republican committee is that there are notes out there from a

contractor that make estimates about figures related to enrollees in the early days of this process. >> we do not have any reliable data around enrollment, which is why we haven't given to date. >> now we know why the administration is so secretive about the numbers. >> we don't know if those enrollments occurred. they could have been insiders playing test games. >> we knew there would be low enrollment figures initially. >> numbers don't get better. >> the number was just beyond embarrassing. >> there is only one way obama care has a chance to make it. the young and healthy must enroll. so, are they? "on the record" hit the streets to ask them. >> more in favor of the fine, mostly just -- you know, like i said i'm a healthy person and i can probably get away with just doing the fine. >> $95 sounds like a better deal. but i have previously not had insurance, so i know the

pain that goes with not having insurance. >> i'm not really worried about it, because i'm already covered. >> if i was 26, i probably look into obama care more. >> none of my friends have signed up. nobody is interested in current obama care offering. >> republican senator tim scott joins us. good evening, sir. >> thank you, greta. good to be back with you. >> what do you make of the fact that this -- obama care is dependent on the young and the healthy, buying in droves to support older and the sick. is that happening or is it going to happen? >> i think that's unrealistic expectation for obama care. think about it this way. young adults have unemployment rate near 17%. they graduate from college, cannot find a job, they have student loans that are due. they would like to buy a house one day and now they are being told that they have to buy a policy they don't really want. it's not going to happen. in south carolina alone, student graduates from clemson university, 26, 27 years old. he is looking at a 64%

increase in his rates. a young lady graduates from the gamecocks. she is looking at 20% to 30% increase in the rates from ju so now they are buying policies that they do not want. i'm not sure how you tell a young person who believes already that they are invincible that they have to buy a policy with coverages that they do not want. most often, young folks want catastrophic coverage. lower premium, during an accident they can can have the coverage they need at their disposal. now they're being sold an entire platinum package that they don't find necessary. this does not look like it's going to work to me at all. >> so what do you predict is going to happen? we have got to pay for this somehow. assuming it is not repealed, and i don't see it being repealed in the near future, at least the numbers on the hill don't contained -- indicate that a lot of the people signing up for it are people going on to medicaid.

they are not going to be paying into it because of their income level. so, tell me, what's the discussion you and i are going to be having in january when the enrollment period is over? >> well, this is obviously an unmitigated disaster that will get worse. what i expect to happen is for this to implode, the weight of the system will implode. think of it this way. if you can't get rate sufficiency,t's going to be passed on to all the taxpayers in the country. what happens is, he we will will see adverse risk selection. the young folks will not sign up. that means that sicker folks will be on the plan. which means that the premium must be paid, except that it will be paid in the form of taxes; so the tax burden. >> where is that going to happen? because the house isn't going to want a tax increase. >> exactly. but here is how the plan works though. if, in fact, there is a plan that costs $3 trillion, and that plan goes to $4 trillion and you cannot find that money from premiums, then it's going to be embedded in some form of

more taxes. >> senator, i apologize. i must interrupt for one second. this is a fox news alert. shepard smith is in the fox news deck with breaking news. >> update coming from police on deadly shooting that happened los angeles international airport. >> something like this how we respond. ask how we respond to moments like this in the line of fire and in our recovery. it is a tremendous testament that today, a day that started with horrific attacks is now ending with los angeles international airport beginning with reopen. this morning a gunman opened fire in lax's terminal 3, killing a tsa agent. the first to die in the line of duty and shooting two other people, at least one of which was a tsa agent. additional individuals have had minor injuries, have been treated.

airport police officers engaged the suspect, opened fire, wounded him, and took him into custody. the suspect has been identified as paul anthony ciancia, 23, a resident of los angeles. right now lax terminals, with the exception of number 3, are reopening as fast as logistically possible. travelers should expect delays and check with airlines for flight information. our first priority is safety. and i know there is tremendous pressure for the traveling public to get on their planes, to feel that they are secure, but we want them to be safe, first and foremost. so every part of this airport must be cleared before terminals can reopen. freeways and surface streets are now open. but, again, the area around lax should be avoided unless you have clear information on your flight and need to be in the area. we also have a hotline for travelers needing a hotel near lax.

they should call 1-888-831-7176. one of the lessons of 9/11 was the need to work seemlessly across jurisdictions. ironically we had the fbi director here earlier today, one of the things he expressed was how well this region works together before we knew this incident was going to happen. i personally witnessed, as mayor of this city, the seemlessness between agencies, between different levels of government, and i personally want to thank each of the men and women across the federal, state, and local agencies that today have done incredible work. i want to commend those departments for the coordinated response and hear again from a number of speakers. one last thing i want to thank the volunteers, the staff of los angeles world airport. the red cross, our civilians teams that fanned out whether it's to get people in hotels or help pass out water to help feed some of the stranded and make sure traffic was flowing. this was really a team

effort. now i would like for the update on the incident itself and some of the criminal aspects of it. special agent in charge david vouch to come forward to say a few words. thank you, mr. mayor, thank you chief beck, thank you chief gannon. first off, i would like to thank the media for your patience. this is a very large scale investigation. the crime scene is extensive. we are currently applying a tremendous number of resources in conjunction with our partners from l.a.p.d. and los angeles airport, world airport police. today we are going to confirm the identity of the subject. it is paul anthony ciantia. he is 23 years old. is he a u.s. citizen. is he formerly a resident of new jersey. we are currently investigating his background and more about him.

i'm not going to provide too many updates on at this point. the scene's identity is not going to be confirmed out of respect for the families. the families are going through a very difficult time today. we are going to confirm that it was a tsa employee who was actually the decedent in this case. there is at least one additional tsa employee who was wounded by gunshot. there are additional injuries, some of which seem to be potential evasion injuries where they may have injured themselves trying to get away. at this point, we have one terminal shut down and we have that shut down for a while, while we continue the investigation. the forensic teams are in there from both the fbi, as well as l.a.p.d. their work is long and methodical and they will take their time on this to be complete in their

investigation. we do have a tip line i would like it to pass out o. the tip line is an fbi tip line. the number is 1-888-226- 1-888-226-8443. if you have -- i would seek the public's assistance if they have information which would be beneficial to this investigation and we ask that they please keep it to that. we would like to know about it. we do have that line staffed right now it is available and we are ready to run those leads. additional information i know you want all the facts. we can't provide those to you at this point. i see some of you smiling. we're not going to give any more to you on the investigation. >> take questions. again, i would like to ask executive director lindsey from los angeles world airport to come forward. she has operation about key operations right now of this airport. what is moving forward as we speak and some of the great work that staffed in today.

>> thank you, mr. mayor. between 9:30 this morning and approximately 3:00 p.m. this afternoon, there were about 746 flights that were affected. 46 of those were diverted to other local airports. the rest were either held on the ground here at lax or at their originating airport. we are glad to report that terminals 1 and 2 are now in the process of being repopulated. employees first. tsa employees, airline, and concession air employees in place and then passengers will be allowed back into those term naals. terminal 3 and parking structures 3 will remain closed for the time being. any folks that have flights tomorrow with the airlines that typically operate out of terminal three should contact the airline for

specific information. we expect to be operating those flights but probably through busing procedure at the remote gates. we will also on the lax twitter feed be providing as much information as we understand what the operational details will be for those flights. the faa national ground stop on arrival for lax is scheduled to be lifted at 4:00 p.m. today. lastly, i just want to tell the public and the travelers and all of those who are intending to meet or bid those travelers adieu thank you for your patience. this has been a trying day for everyone i know. for those who are awaiting arriving passengers. we are going to be busing those passengers to lot c at 98th and sevoda. within the arriving hours the arriving passengers should be there for pickup.

i want to reiterate the hotel hotline that is being provided by la tourism and convention board. that is 1-888-831-7176. passengers stranded at lax certainly are encouraged to call that hotline for accommodations. thank you. >> thank you janet marie lindsey. when i say that we had great coordination here today, it started long before the tragedy that befall us today. just three weeks ago there was training that went on with both airport police and los angeles police department on the incident just like this as we shared earlier. the tactics that were used today were actually practiced and tactics that were developed by los angeles police department that were trained on by the los angeles world airport police. i would like to invite the chief of police to come back as well pat bannon.

>> thank you. just a couple of things from my end. the officers that were involved in this incident -- obviously this is a traumatic incident for anyone. none of my officers were injured in this particular incident, but they are doing -- well we have gotten the headlines out of los angeles. paul ciantia. we have heard from his family in new jersey where they tell us -- where they tell police that is that he had shown some suicidal tendencies of late, his father had asked to have a missing persons report filed on him, but, because he is 23 years old, the authorities would not allow him to. at any rate, he was shot at lax. we do not know his condition and they have not released his condition of yet. we know he is in hospital in los angeles. a tsa agent as they mentioned in this news conference has died. they confirmed that now and others were injured in this incident which shut down lax largely this morning. this is a picture that's new

to us. outside gate 36 in terminal 3. it pretty much tells the story. here is the weapon, we believe, the picture would indicate. that's the weapon that's believed to have been used there. a cop standing around and a lot of blood there on the floor as it was a bloody scene. we had reports earlier today from authorities that actually from witnesses that they went running out on to the tarmac and just to try to escape all of this. and, greta, it was certainly a horrible day. we also have new video as they continue with housekeeping matters. some new-to-us video from inside as it was all happening. here, look at this. >> everybody. [shouting] come on, you guys. >> go, go.

[siren] >> as it's been described to us the terminal was -- you can see it's from tmz the web site which obtained this and given us permission to use this at tmz.com. we are told that the terminal was just packed, thanksgiving -- i mean -- halloween last night, of course, and then weekend travel early in the morning out of lax. and a couple more pictures i want to show you. this is the one we had just a second ago. this is the scene as authorities were there inside terminal three. and just one more here and this next one, i'm told, is just another on scene. this is from a friend of one of our information specialists here on the news deck. greta, they are working to get that airport back open and running. asking anybody who is traveling to and from to call first. >> shep, thanks. well taxpayers spent more than $400 million to build healthcare.gov and that doesn't begin to cover the cost. thousand we learn from day one six people signed up. six. tonight we are learning that republican congressman dave camp is fed up.

stepping up the pressure. demanding that the administration turn over enrollment numbers at 5:00 p.m. every business day. committee member congressman mark metals joins us. good to see you, sir. >> good to be back with you, greta. >> six people on october 1st? how many people on the second? less than a hundred. >> a hundred, 248 over the first three full 48 hours. incredible. unmitigated disaster. >> where did this information come from? your committee, got it. >> our committee got it. it is part of it with contractors. truly that were taking notes in the war room as they were looking at enrollment. they haven't been verified by the white house. if they were substantially different, i think the white house would have said so. >> secretary sebelius before house energy and commerce said on wednesday, i was in the hearing room, she said that she didn't want to give any any information because she was afraid it wouldn't be reliable and said that november 15th we'll get the

numbers. >> well, that's just not credible. here, we have an nsa who can collect intelligence across the world and yet we can't figure out the number of people who have enrolled in obama care. >> can't even get angela merkel's phone calls maybe. >> to say we can't get, it lacks credibility. >> what's going to happen? >> well, we have issued a subpoena to not only subpoena the documents with regard to the technical problems but the number of people who have enrolled, who have tried to enroll had is a different story than what the house has been sharing. millions of page views. what we are finding is very few people are taking advantage. >> there is a big difference between people going on healthcare.gov and signing up for medicaid and people going on and enrolling and paying money. senator scott said it earlier. it's a tough sell -- i know in my state rates have gone up between 300 and 400% for young adults. that's a real tough sale. and we don't see it getting

any better. >> how fast you can get these numbers? i know you have asked them and congressman dave camp. how fast you can really get the numbers. it says until 5:00 every business day but are you going to get it. >> well, we have given them a november 13th deadline. we're hopeful that we will get them earlier than that in terms of our subpoena chairman issa. has worked real hard on that as well; so, in looking at that, we are hopeful that it will come sooner than later. >> you know what i would do? i would go right around secretary sebelius in the white house and drop a subpoena on qssi and else who is involved and say you show up by 5:00 on monday with it and demand. you know they have the numbers some place. make them show up. demand it. if sebelius won't do it. secretary sebelius go around her. >> we have been fair. we have given them time. now it's time for them to be fair and forthcoming with the american people if the numbers are as low as this, and if they know it. that is indeed very distressing it?

>> is everybody was told they could keep their health insurance in my state. 165,000 people have been noticed that their insurance does not comply. and so they are going to be losing that healthcare coverage that they said they could keep. >> congressman, thank you, nice to see you, sir. >> good to be back. >> if you thought attorney general eric holder did a lousy job with fast and furious. new

pictures taken by his own photographers. a.p.'s director of photograph saying the official photographs are

little more than propaganda. a.p. says it has only been allowed to photograph the president alone in oval office twice and both were in first term. the a.p. usually gets more access when foreign leaders are visiting. you be the judge. the president planned transparency. what do you want the associated press to do now let it go and accept the photos the president gives it or demand access? go to gretawire.com and vote in our poll. coming up, more trouble for the company that is supposed to fix the obama care web site and that could spell more trouble four. stay tuned for this one.

okay, where is attorney general eric holder? why isn't he doing something about this one? there is a new inspector general report, multiple whistleblowers have been reporting the dhs, department of homeland security workers boosting

their pay with unearned overtime. called eminem bez zellment or stealing where i grew up. here with the latest. alicia, tell me what is it that the whistle blowers have said to the u.s. special office of counsel. >> abuse of what is called administratively overtime. a lot of folks in dhs get two hours of overtime a day added to their base salary. they work it in various and sundry fashion. in the whistleblowers case some of the guys sit at their desk, watch tv, search the internet and relax. go about their day leaving the office after those extra two hours. this has been going on for a number of years in the sense that border patrol agents have racked up from 2006, in six year period $1.4 billion overtime cost that the a.p. analyzed in 2012. those are costs that they

say listen because we really need border patrol agents have-ly to are a lot of balls in the air. they are juggling constantly. you can't expect a guy to drive out two hours, make some appear apprehensions, some rescues, dope seizures and get back to his office in that minimal 8 hour period, so they build that in. >> are they actually working or is this fudged? >> well, according to the whistleblowers they say in this six instances to use your word, fudge. >> it's made up? >> they say they are working there. they are in their offices. >> they don't have to be. go home. i mean, this is what i'm reading this letter. it says, for example, on february 20th, 2008, is when a whistleblower made an allegation about this one. 2008. we are in 2013. why isn't there at least a grand jury convened because when you take money, that you are not entitled to. that's stealing. >> well, that's up to somebody far smarter than he me. >> it's called the attorney general. maybe not smarter but certainly has a job. >> through the office of

special council. investigatory prosecutorial agency made conclusions and sent a letter off to the president and congress yesterday. the a.p. looked at, i looked at last year the overtime costs, specifically the border patrol because that's where the real money was, you know, $1.4 billion over a six year period. the office of special counsel, ms. lerner alleges i think it's close to $9 million. >> i should say no relation to the other lerner i should add or at least not that i know. the whole idea here is aaccording to the report, some people aren't working and doing it thank you very much. >> thank you. two nights ago we reported the obama administration gave 2 billion-dollar plus it contract to a company in britain for swindling british taxpayers that might be the last company you would pick. well, brace yourself. wait until you hear the next one, and you will, about who the obama administration has now put in chargrgrg

>> now get ready to speedway

your way through the news. first israeli, the israeli furious with the white house for exposing it is israel that struck a military base in syria. israel had not publicly acknowledged carrying out the strike on webs set for delivery to hezbollah in lebanon. an israeli officials calling the american leak scandalous. now to pakistan. a u.s. drone strike killing a leerld of the pakistani taliban. he was on the u.s. most wanted terrorist list. he was believed to be behind the suicide attack at cia base in afghanistan and failed car bombing in new york's time square. and now to utah and the trial of dr. martin macneil, prosecutors say he drugged and drowned his wife in the bathtub. defense lawyers argue michelle macneil died of heart disease. today a cardiologist suggesting she had only a mild form of heart disease that would not have killed her. also the prosecution calling forensic pathologist dr. joshua perper as expert witness. testified died as a result of drowning. ed said drugs could have played a role in her deck. you may recognize

dr. perper, he was the medical examiner in the anna nicole smith's case. and that is tonight's speed read. you have heard it over and over and over since october 1st. americans struggling to get through on the obama care web site. so you are never going to believe this one. actually, maybe you will. our next guest says his application went through, even though he did not submit it. now, how did that happen? a former president of the association for software testing. he joins us. ben, so what happened with your application? >> well, i had started an application and filled out much of the application and got to the end and there were the statements stating what they might do with the data. and i wasn't quite red dr. to submit it. so i clicked the option that said no, i do not agree to the terms of submitting this. and then left that page of

healthcare.gov. later that day or it might have been the next day, i got a notification telling me that a decision had made. i went back into the system, and saw a notice and a letter that referred me to a state agency to continue the process. >> what was the decision that had been made? >> it appears that in this case i was looking for coverage for my granddaughter. and it appears that they wanted to refer me to the state to see if chip might be available to cover her. the letter was not all that clear. it referenced the table that said about or referenced the table that should tell me what decision was made but that table wasn't in the letter. so, it wasn't real clear. this looks to me it's probably just a software issue that either they processed the application or maybe just something went through and processed the letter.

>> ben, i can't tell you how many times i think i hit something on my computer and i hit something else. i mean, is there any chance that when you did prudent person the application that you actually did submit it, that the error was a human error on your part and not a software error? >> that's certainly possible that i made some mistake there what i do know is that i did select the option that i did not agree to the terms of submitting an application. that part i do know that i did during the process. so even if i had done something to submit it, clicking the wrong button, i had no expectation that it would be processed. >> most people don't want to be processed, but by being processed does it at least give you some options? i was concerned when i first got it because the letter made some comments about needing to appeal their eligibility decision within

10 days which put a time limit on something i wasn't prepared to deal with yet. i have not yet talked with the state agency to see what the options are, so i'm hoping this was just some software filibuster that generated the letter. but i don't know yet. >> chances are it's a good defense. we can blame everything -- i'm blaming everything on software. even my parking tickets. ben, thank you. >> oh, you are welcome. after the catastrophic launching of healthcare.gov secretary sebelius put qssi in charge of fixing it there is information about qssi and it's not particularly good. the contractor has a history of security lapses. qssi that's the specially selected company being charged and what's their problem? what's their history? >> this is with the medicare contract. >> a different one. >> right. not related to the healthcare office of inspector general for health and human services came out

and said there were security lapses where employees there could plug in some unauthorized usb drives into the computers that could insect it with malware or open it up for theft of some of the private data that's in the system. >> by malware you mean could put a virus in it or stick their ipod and download all the personal information, right? >> that's right. >> in plain english. so, how many people were potentially exposed by it? >> it was 6 million. i mean, there is no indication that anything was stolen or broken within the web site it exposed about 6 million beneficiaries. >> this was last summer it was discovered? >> it was in june, yeah is there any indication that secretary sebelius or anyone else in the government thought let's not put in charge of healthcare dot goff to fix it a company that last summer had security lapses that had 6 million people at risk for their personal information?

>> right, i mean, i think at that point we were so far along in building the sight, they -- site looking at the tech surge. >> the tech surge occurred in september. the indication that ssi had security situation was last june. i understand they were deep into creating the hub. they were subsequently since october 1st they were the one identified as being the fixers. >> exactly. they have been on as a general contractor since then to fix some of the issues that are going on with the web site. it's just not that they kept them on since june. also that they brought them back on as a general contractor. >> who is thinking? you have the paper applications being processed with 1.4 billion-dollar contract by a company that's under investigation in britain for swindling british taxpayers. and now we have a company that's supposed to fix the security and fix this hub and they themselves just three months ago have a security issue. is anyone in the least bit concerned in the government

maybe we ought to do a little hunting and quality background searches to see who we select to fix the stuff? >> right. well, i mean that's been an issue since edward snowden and the nsa who are these contractors getting into our databases it was a focus of kathleen sebelius' testimony, you know, last week. they were kind of -- they were going after her on some of the security flaws that they thought might be. >> i was at that hearing. she didn't say gee we knew qssi had security issues and there was this huge problem last june. i don't remember her saying that at the hearing. i never remember hearing her despite of the fact they had security flaws decided they would be the good person to fix it it? >> you you are right. they are reacting to these issues as they come up. it doesn't seem as if there is any. >> it seems so basic to me that you don't hire a company -- there are some companies that you can get let's not get one under investigation for swindling the british or qssi who had some sort of security lapse

last summer. i'm taking the last one on that. never dull moment. straight ahead hundreds of thousands of americans dropped. now they need new insurance plans. that is not an easy process. self-employed businessman tells us about his ordeal

president's granddaughter mila. the 6-year-old dresses as astronaut for halloween. president bush isn't the only one celebrating halloween with the tiny baby. hagger first lady and mila tweeting first baby in space. heidi klum is known for elaborate halloween costumes. she outdid herself in this one. supermodel stepping 60 years into the future, transforming into 100-year-old woman for annual halloween party. clumm using makeup and prospect particulars to achieve the granny look walking cane. when is it considered a right of passage. the "new york times" reporting welcome with kisses stanford freshman risk the kissing disease, the bizarre tradition follows senior kissing freshman on the school's squad followed by outbreak of flu in the quad. safe kissing. teach students safe kissing

practices. i bet no one is expecting that in the freshman handbook. good news for wine lovers. there are lot of them out there. the great wine shortage may not be as bad as you think. wine trade organizations dismissing the notion of a shortage challenged recent reports claiming demand for wine would soon outweigh production. vineyards are closing at alarming rate in europe. trade associations credit wine production in countries like romanna, chile and new zealand for making up for the loss. cheers to that now it's your turn to hash it out for us. use #greta in all your diveets and posts. big news from the doctor who went "on the record" last night. he has good news for more than 900 americans who thought they were going to it lose their doctor. that's coming up.

affordable care act and making people pay more for less is not affordable. >> bob is the executive director at saving seafood, a fishing industry nonprofit organization. >> about three weeks ago, just after obama care, the affordable care act went into effect, i was actually pretty surprised to receive a letter from blue cross telling me that contrary to what i heard the president say many times, no, i actually can't keep my healthcare policy. when i called blue cross i said well, look, your letter here says that and i'm quoting here, the difference from current plan are economical or affordable was 360, $370 a month with a deductible of 3500.

how is that exactly affordable? i'm not clear. what they told me is in this new plan is maternity and newborn care and as a single guy i'm not going to have much use for that prescription drug coverage but i already do have prescription drug coverage in mind and mental health and substance abuse services. believe me, i'm a strong advocate in providing mental health services for those who need it. and while i know that you can't always know if you are going to have that sort of situation happen, i simply chose a plan that i thought would take care of what i expected to need. i mean, i was pretty blunt with the fellow from blue cross. i says what does this offer for an extra $150 a month, an extra 2 grand a year and extra $1,000 on the deductible? what am i getting that i didn't get before? and honestly other than maternity and newborn care because i think my policy does have some mental health coverage, they really couldn't answer. and they just repeated the first line here in the letter here that the difference from your current

are generally not substantial. just really frustrating that the white house doesn't seem to want to. the administration doesn't want to admit that even though the president promised americans that if they liked their plan they could keep it, the rules that the administration wrote at health and human services for the implementation for the affordable care act have made it impossible for most people who are self-employed to keep the plan that they had. even if they did like it. >> straight ahead, not just republicans now some democrats asking to delay the obama care individual mandate. and the democrats are doing something about it the democratic congressman ron barber is here to tell you next. don't miss hannity tonight at 10:00 p.m. sean has a special audience show planned check it out 10:00 p.m. eastern.

let's go off the record for a minute. usually i'm talking about something that usually annoys me off the record and probably annoys you too in this off the record segment. tonight i'm going to switch it up. here at "on the record" we are celebrating a piece of really good news. last night we brought you the story of a cardiologist being dropped from emblem insurance network and horrible crisis for his 900 patients who have emblem insurance and want him to remain their doctor. here is what dr. lipton said last night about his patients. >> i have been in practice for 32 years and the majority have been more than 10 years. i have seen three or four generations of families and a lot of them have been there upwards of 30 years. >> so distressing to both the doctor who lost his patients and his patients who depend on him literally life and death. getting bumped from the emblem network meant that those patients who wanted to keep dr. lipton as their cardiologist would have to

pay out-of-pocket. who can afford that especially a cardiologist, right? here is the good news. in fact, this is the great news. today we heard back from dr. lipton and after last night's segment aired and we suspect emblem might have been watching, he received a call this morning from emblem telling him emblem had changed its mind. emblem would be putting dr. lipton back on the emblem insurance network so we're feel pretty good here at "on the record" tonight. you know what? we got to make a difference and help more than 900 americans with serious health issues keep the doctor they wanted and the one they had for a number of years. we love really good news. that's my off the record comment tonight. if you have an important story or issue you think i should take off the record go to gretawire.com and tell us about about it it coming up a house democrat says he is angry about the web site mess. so what does he plan to do about it? he will tell you next.

♪ fare thee well ♪ farewell ♪ mr. gloom be on your way ♪ ♪ though you haven't any money you can still be bright and sunny ♪ ♪ sing polly wolly doodle all the day ♪

♪ hah

>> good evening, greta, good to be with you. >> nice to have you. >> tell me, sir, what do you want to do about the individual mandate? >> well, first of all, let me say i'm very angry with the fact that the web site just hasn't worked from day one. i'm angry because my constituents have been

frustrated in their attempt to get on the web site to find out if they can get an insurance plan that works for them. it's got to be fixed and got to be fixed soon. myself and some other members of the house are trying to make sure that fairness is part of what we are going to do going forward. we have introduced a bill this week which would delay any penalties that would be imposed on people until we have certification that the web site is working and people would have 90 days after that to be able to enroll. we have been promised that the web site would be done by or upgraded by the end of november. if that doesn't happen, we need more time, then we need to make sure that people have the time to enroll. it's only fair, since the web site is such a disaster. >> all right, this is initiated by democrats in the house. and it's controlled by the republicans. and it's, you know, a lot ofblit too. do you expect that this will be taken up and vote on and if so, when? >> well, it's hard to know if it will be taken up it was just introduced when we

were returning the last day that we worked this week and we won't be back until after the veteran's holiday. i am hopeful it will be taken up a lot of republican that's know and democrats the ones that have signed on to this bill believe we need to it to do something to be fair to the american people in trying to get ache sets to this healthcare information. i believe others will sign on as well. i have already voted previously for a delay in the penalties because i really believe that people shouldn't be punished if we can't get the job done. and if people need more time to be able to understand. some people have never had insurance in their lives will need time to understand how this works. it's only fair that if we are going to extend the time or delay the penalties for corporations, we should do the same for individuals. it's only fair that we should do it for both. >> are you hearing anything about that november 30th date? is that a squishy date or are you hearing that it will be ready upand going by the 30th? >> we have been assured it will be ready on the 30th. i'm going to stay sceptic

call until it's done. that's why our bill calls on inspector general of the health and human services department to certify that the web site is fully operational. and if it's not, then we need more time for people to sign up. and then we want periodic reviews by the gao to make sure it is fully functional. we can't expect people to access it if it's not done. i know everybody in the world has been brought in with computer expertise to try to fix the problem. i'm hopeful that they will get it done. but time is getting very short. because we have lost, by the end of november, almost two months, in fact, two months that people needed to sign up. it's just inadequate amount of time left before the january deadline. we need to extend the deadline for enrollment. we need to extend any deadlines for penalties. >> congressman, thank you very much. sir. i hope you will come back, sir. >> i look forward to that thank you greta, very much. >> thank you, thank you. and thank you all for being with us. we will see you again monday night right here at our new time, 7:00 p.m. eastern.

there is so much more going on after the show "on the record" goes to gretawire.com where a lot happens. and, of course, bill o'reilly, the o'reilly factor is up next. we will see you monday night, 7:00 p.m. hello and welcome to "red eye." tonight, this. >> tonight, have alligators declared open season on adorable kittens as part of an internet turf war? and albert einstein, was he really a genius? shocking evidence shows he was no smarter than a fifth grader. and is greek yogurt made from the phones of orphans? none of these stories on "red eye" tonight. >> and now let's welcome our guest. i am here with brooke goldstein and founder of the children's rights institutedren and director of the law fairt dr project . we believe these things are real. anyway, it is tv's andy levy. there he is. she hiding behind something. it doesn't work. my repulsive